Cohen v. BD. OF WATER COMMRS., FIRE DIST. SOUTH HADLEY

585 N.E.2d 737, 411 Mass. 744
CourtMassachusetts Supreme Judicial Court
DecidedJanuary 29, 1992
StatusPublished
Cited by7 cases

This text of 585 N.E.2d 737 (Cohen v. BD. OF WATER COMMRS., FIRE DIST. SOUTH HADLEY) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cohen v. BD. OF WATER COMMRS., FIRE DIST. SOUTH HADLEY, 585 N.E.2d 737, 411 Mass. 744 (Mass. 1992).

Opinion

411 Mass. 744 (1992)
585 N.E.2d 737

MICHAEL J. COHEN, trustee, & others[1]
vs.
BOARD OF WATER COMMISSIONERS, FIRE DISTRICT NO. 1, SOUTH HADLEY, & another.[2]

Supreme Judicial Court of Massachusetts, Suffolk.

October 8, 1991.
January 29, 1992.

Present: LIACOS, C.J., WILKINS, LYNCH, O'CONNOR, & GREANEY, JJ.

Keith C. Long (LeAnn J. Walls with him) for the defendants.

Thomas E. Kanwit for the plaintiffs.

LIACOS, C.J.

The board of water commissioners and the water department of Fire District No. 1 in South Hadley[3] appeal from a decision of the Land Court that the board's regulations concerning the placement of water meters do not apply to the Hadley Village Condominium (Hadley Village). The Appeals Court summarily affirmed the Land Court decision. 30 Mass. App. Ct. 1107 (1991). We took this case for further appellate review. We hold that the regulations apply to Hadley Village, and reverse.

1. Factual and procedural history. In 1872, by special act, the General Court endowed Fire District No. 1 in South Hadley (District) with certain powers concerning the public water supply within its borders. St. 1872, c. 114, § 1. The District, which encompasses approximately two-thirds of the geographic area of the town of South Hadley, exercises its power through elected and appointed officials. Id. at §§ 6, 9. An elected board of water commissioners governs the District's water supply and distribution system, and the water department manages and operates that system.

In 1954, and again in 1986, the board promulgated regulations regarding, inter alia, the placement of water meters. The 1954 regulations state that a "property owner must keep [a water] meter on his premises," and rule 2-B-2 of the 1986 regulations requires each unit of a condominium to have its own water meter.[4] Citing these regulations, on or about November 12, 1986, the board determined that a separate water *746 meter would have to be installed in each unit of Hadley Village, a thirteen-building, 180-unit complex built prior to 1974, if it was converted from apartments to condominium units.[5] The conversion occurred in 1987, but meters were not installed in the units.

In 1987, the trustees of the Hadley Village Condominium Trust, the governing body of the complex at the time, challenged the board's regulations[6] in the Land Court. They sought a judgment declaring that the regulations did not apply to Hadley Village, exceeded the authority of the district, were preempted by G.L.c. 183A (1990 ed.), and violated the equal protection guarantees of the State and Federal Constitutions.[7] In a November 1, 1988, decision, a judge of the Land Court ordered entry of a declaratory judgment, holding primarily that neither the 1954 nor the 1986 regulations *747 applied to Hadley Village. The judge reasoned that the board adopted the 1954 regulations at a time when the condominium form of property ownership was "little known," and thus that the board could not have intended its words to apply to that form of ownership. The 1986 regulations, according to the judge, apply only to future developments and not to preexisting buildings that are converted to condominium ownership. In addition, the judge made the following rulings: 1) the board did have implied authority to promulgate reasonable regulations, because the "necessity of any organization formalizing the method of its operation is certainly implied, if not expressed" in an enabling statute; 2) the regulations were not preempted by G.L.c. 183A, § 14, given the permissive nature of that statute; 3) application of the regulations to Hadley Village would violate the general rule against retroactive application of statutes; and 4) application of the regulations to Hadley Village would violate § 7 (5) of art. 89 of the Amendments to the Constitution of the Commonwealth (Home Rule Amendment).[8]

2. Fire District No. 1 as a quasi municipal corporation. Fire District No. 1, South Hadley, is a quasi municipal corporation. See Hurlburt v. Great Barrington, 300 Mass. 524, 526-527 (1938); Seaver v. Onset Fire Dist., 282 Mass. 209, 213 (1933); President & Trustees of Williams College v. Williamstown, 219 Mass. 46, 47 (1914); Prout v. Pittsfield Fire Dist., 154 Mass. 450, 451 (1891); 1 E. McQuillin, Municipal Corporations § 2.28 (3d ed. 1981) (hereinafter, McQuillin). Like a true municipal corporation (for example, an incorporated city or town), the District is "a body corporate," St. 1872, c. 114, § 8, existing within definite geographic borders, and empowered by the State to carry out typically governmental or political functions. See McQuillin, § 2.07a. Unlike a true municipal corporation, it does not have general powers to regulate the internal affairs of its defined *748 area; it has only specific and limited responsibilities for fire protection and the public water supply. See St. 1872, c. 114, § 1; McQuillin, §§ 2.13, 2.23. To some extent, with its specialized public function, the District may be considered to be a municipal agency. See G.L.c. 48, § 90 (1990 ed.).

Thus, fire districts are analogous, but not identical, to municipal corporations.[9] Given this analogy and the relative infrequency with which we have dealt with the authority of fire districts to issue regulations, we look to the law of municipal corporations in examining the validity and applicability of the regulations at issue. We begin by considering whether either the 1954 or 1986 regulations apply to Hadley Village. Holding that they both do, we then turn to consider whether those regulations exceed the authority provided by the District's enabling statute or violate any provision of statutory or constitutional law.

3. Applicability of regulations to Hadley Village. In interpreting the regulations, we employ the traditional rules of construction for statutes, administrative regulations, and municipal ordinances. See Hellman v. Board of Registration in Medicine, 404 Mass. 800, 803 (1989) ("We interpret a regulation `in the same manner as a statute[,] and according to traditional rules of construction'"); Bell v. Treasurer of Cambridge, 310 Mass. 484, 489 (1941) (using traditional rule of construction to interpret municipal ordinance). In addition, just as "an agency's interpretation of its own rule is entitled to great weight," Finkelstein v. Board of Registration in Optometry, 370 Mass. 476, 478 (1976), the board's construction of its own regulation is also entitled to deference.[10]

We agree with the board that the 1954 regulations on their face require separate meters in each unit of a condominium. *749 The regulations are clear and unambiguous, and no resort to legislative history or "intent" seems warranted. See Hoffman v. Howmedica, Inc., 373 Mass. 32, 37 (1977). The regulations state that "[t]he property owner must keep [a water] meter on his premises easily accessible for reading and servicing at all times." This language clearly requires a water meter in each unit of property separately owned, and, "[w]here the statutory language is clear, it must be given its plain and ordinary meaning." Nationwide Mut. Ins. Co. v. Commissioner of Ins., 397 Mass. 416, 420 (1986).

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585 N.E.2d 737, 411 Mass. 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-bd-of-water-commrs-fire-dist-south-hadley-mass-1992.